Introduced by: Councilmember Smith
First Reading: July 15, 2013
Second Reading: July 22, 2013
Effective Date: August 12, 2013
City of Takoma Park, Maryland
Ordinance 2013-28
“Safe Grow Act of 2013”
Amending the Takoma Park Code Title 14, Health and Safety,
to Add Restrictions on the Use of Pesticides on Public and Private Property.
WHEREAS, Title 14, Health and Safety, protects the public health, safety, comfort, and general
welfare of the residents and businesses of the City; and
WHEREAS, Takoma Park’s Strategic Plan for FY2010‐15, adopted May 18, 2009, articulates
concern for clean water and safe neighborhoods and working environments and calls for “use
of alternative, less environmentally damaging products”; and
WHEREAS, in 2004, the City Council of Takoma Park proclaimed May 27 as Rachel Carson Day, a
day in which residents are encouraged to consider the dangers from pesticides and to refrain
from pesticide use, and the City has consistently, before and since, acted in society’s
environmental and health best interests; and
WHEREAS, the State of Maryland does not preempt municipal restriction of pesticide use,
which indicates state recognition that localities are permitted and may wish to act beyond State
law, and further, the State of Maryland itself goes beyond State law: A collaborative effort that
includes the Maryland Departments of General Services and Natural Resources is transitioning
the State House grounds to a “Bay-friendly, pesticide-free lawn and landscape care program”
and instructs Marylanders, “Try Pesticide-free organic land care to protect the Bay and your
family's health”; and
WHEREAS, the Environmental Protection Agenda (EPA), the Committee on Environmental
Health of the American Academy of Pediatrics, the National Academy of Sciences, and the 2010
President’s Cancer Panel have concluded that pesticide exposure is linked to reproductive
disorders, birth defects, learning disabilities, neurological disease, endocrine disorders, and
cancer; and
WHEREAS, the EPA acknowledges, along with the esteemed Mt. Sinai Children’s Environmental
Health Center, that children, with their developing bodies and brains, are especially vulnerable
to the harmful effects of lawn pesticides. Children’s behavior exposes them to far more contact
with lawn pesticides than adults receive; and
WHEREAS, a study in the Journal of the National Cancer Institute finds that home and garden
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pesticide use can increase the risk of childhood leukemia by up to seven times. Dr. Philip
Landrigan, the Director of Mt. Sinai Children’s Environmental Health Center states, “Case‐
control epidemiologic studies have found consistent, modest associations between pesticide
exposures in utero and in early childhood and acute lymphocytic leukemia, childhood brain
cancer, and childhood non‐Hodgkin’s lymphoma. Rates of childhood leukemia are consistently
elevated among children who grow up on farms, among children whose parents used pesticides
in the home or garden, and among children of pesticide applicators”; and
WHEREAS, the EPA states pesticides are chemical irritants that can trigger asthma attacks in
sufferers. One in ten children suffers from asthma, more in urban areas, where building
managers routinely contract with lawn pesticide applicators; and
WHEREAS, the National Institute of Environmental Health Sciences at NIH and the Harvard
School of Public health have confirmed that exposure to pesticides raises the risk of Parkinson’s
disease; and
WHEREAS, lawn pesticides have sub‐lethal effects on animal life, including pets, aquatic
organisms, and wildlife. A 2012 study by biologists at Harvard University concludes that
pesticides are lethal to many pollinators and have been linked to Colony Collapse Disorder in
honeybees; and
WHEREAS, Friends of Sligo Creek asks people not to overuse pesticides and herbicides and also
to “Encourage civic leaders to implement policies that reduce… toxic chemicals, and other
impediments to water quality”; and
WHEREAS, the Chesapeake Bay Foundation’s 2010 State of the Bay Report observes that non‐
point source pollution from residential and commercial lawn pesticides in surrounding towns
pollute the watershed and ultimately Chesapeake Bay; and
WHEREAS, most provinces in Canada have banned the use of cosmetic lawn chemicals, and
subsequent studies show a dramatic increase in stream health, Washington DC has enacted the
Pesticide Education and Control Amendment Act of 2012, and Greenbelt, MD, strictly prohibits
the use of synthetic chemical pesticides on all city‐owned land with its Sustainable Land Care
Policy of 2011; and
WHEREAS, non‐toxic lawn care products are affordable and available to purchase in Takoma
Park, and several local landscaping businesses offer pesticide‐free lawn care.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAKOMA PARK,
MARYLAND THAT:
SECTION 1.
Title 14, Health and Safety, of the Takoma Park Code, is hereby amended to
include a new Chapter 14.28, as follows:
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Chapter 14.28
Restricted Lawn Care Pesticides
14.28.010
Declaration of policy
The application of certain pesticides, including the use of certain pesticides approved for use by
the federal, state, or county governments, in manners and by persons allowed by those
governments to apply them, nonetheless present an unacceptable risk of harm to public and
animal health, the environment, and the region’s watershed.
The City of Takoma Park prioritizes education of property owners and the businesses that serve
them on the demonstrated and potential dangers posed by the use of certain pesticides for
lawn care purposes, and on alternative, effective, safe means of promoting healthy lawns.
Education is important, but education alone is insufficient to protect the health of Takoma Park
residents and visitors and the integrity of our environment and the region’s watershed from the
harm posed by the use of certain pesticides for the purposes of maintaining the cosmetic
appearance of lawns. Certain pesticides are harmless to humans and non-pest species, and
certain applications of potentially harmful pesticides may be justified by the need to eradicate
invasive species and restore the environment. However, the desire to control purported pests
such as clover, grubs, and black spot, to maintain a homogenous lawn does not merit the use of
harmful pesticides.
This Chapter accordingly establishes public education requirements and phases in restrictions
on the use of harmful pesticides for lawn care on public and private property within the City. It
establishes an administrative framework for the implementation of educational steps,
restrictions, and enforcement.
14.28.020
Definitions
As used in this Chapter,
“Commercial pesticide applicator” means any person that performs pesticide application for
hire.
“Infestation” means the presence of a pest in numbers or quantities large enough to be
harmful.
“Lawn” means an area of grass or other vegetation of at least 25 square feet that is kept
mowed.
“Pest” means any undesirable insect, animal, plant, fungi, bacteria, virus, or microorganism;
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“Pesticide” means any substance or mixture of substances intended for preventing, destroying,
repelling or mitigating any pest, including insecticides, herbicides, and fungicides.
“Restricted pesticide” means a pesticide identified in the register of restricted pesticides
developed under section 14.28.040 of this Chapter.
14.28.030
Outreach and Education
A.
The City shall identify or prepare, and then periodically disseminate, materials designed
to educate the community about the role of pesticides in our local environment, compliance
with restrictions imposed by the Safe Grow Act, and earth‐friendly practices and alternatives to
the use of harmful pesticides.
1.
Education may take the form of pamphlets and brochures, whether produced
and distributed on paper or electronically, and classes and seminars, involving City staff, nonCity governmental agencies, community and advocacy groups, and other resources.
2.
Materials shall include information about and links to the U.S. Environmental
Protection Agency’s list of minimum risk pesticides. The City Manager shall publish the EPA’s
list of minimum risk pesticides on or before March 1 of each year and ensure that the
publication reflects any changes to the EPA’s list during the preceding twelve months.
B.
The City Manager shall publish notice of this Chapter and a list of restricted pesticides
and alternative, less environmentally damaging, products and cultural practices or methods of
pest control and provide periodic notice regarding this Chapter to local lawn and garden
retailers and contractors, and businesses, churches, schools, and other institutions located in
the City, upon adoption of administrative regulations pursuant to section 14.28.080 and
subsequently every two years or more frequently.
14.28.040
Register of Restricted Pesticides
A.
The City Manager shall create and issue, by March 1, 2014, a Register of Restricted
Pesticides.
1.
The Register shall identify restricted pesticides.
2.
Persons applying pesticide products are responsible for determining whether the
product contains a restricted pesticide.
B.
The Register of Restricted Pesticides shall include the following pesticides:
1.
Any pesticide classified as “Carcinogenic to Humans” or “Likely to Be
Carcinogenic to Humans” by the U.S. Environmental Protection Agency;
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2.
Any pesticide classified by the U.S. Environmental Protection Agency as a
“Restricted Use Product”;
3.
Any pesticide classified as a “Class 9” pesticide by the Ontario, Canada, Ministry
of the Environment; and
4.
Any pesticide classified as a “Category 1 Endocrine Disruptor” by the European
Commission.
C.
The City Manager shall publish an updated version of the Register of Restricted
Pesticides that reflects any changes to the classifications in subsection (B) of this section on or
before March 1 of each year that will remain in effect for one year.
14.28.050
Prohibited Applications
A.
Use by City Agents and Employees. City agents or employees shall not use restricted
pesticides for lawn care in the performance of their duties unless the City Manager determines,
after considering the pertinent criteria developed for waiver decisions pursuant to section
14.28.070, that the restricted use of a pesticide is necessary to promote the public interest.
B.
Use by Other Government Entities. The City of Takoma Park shall inform governmental
entities that own or control land within the City of its policy regarding restricted pesticides and
encourage voluntary compliance with the pesticide use restrictions and notice requirements.
C.
Use on Private Property and Public Rights-of-Way.
1.
Commercial Pesticide Applicators.
a. Commencing March 1, 2014, it shall be illegal for a commercial pesticide
applicator to apply restricted pesticides for lawn care purposes on private
property or public rights-of-way in the City.
b. Commencing March 1, 2014, a commercial pesticide applicator applying a
pesticide for lawn care purposes must post a written notice, readable and
visible from the public right‐of‐way at the point closest to the area of
application, providing information as specified in Administrative Regulations.
The notice shall remain in place for at least 2 days following application.
c.
Penalties.
i.
From March 1, 2014, through June 30, 2014, the City shall issue a
written warning to a commercial pesticide applicator that violates
paragraphs (a) or (b) of this subsection.
ii.
Commencing July 1, 2014, each prohibited application of a
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restricted pesticide for lawn care purposes is a violation and shall be a
Class D municipal infraction for the initial offense and shall be a Class B
municipal infraction for the second offense. The third and any
subsequent offenses shall be repeat Class B offenses.
iii.
Commencing July 1, 2014, failure to post and maintain the written
notice required under paragraph (1)(b) of this subsection is a violation
and shall be a Class G municipal infraction.
2.
Property Owners and Tenants.
a. After July 1, 2014, the City shall distribute educational materials developed
under section 14.28.030 to all landlords, single-family homes, duplexes, and
townhouses in the City.
b. Commencing January 1, 2015, it shall be illegal for a property owner or
tenant to apply restricted pesticides for lawn care purposes on private
property or public rights-of-way in the City.
c. Commencing January 1, 2015, a property owner or tenant applying a
pesticide for lawn care purposes must post written notice. The notice shall
be readable and visible from the public right‐of‐way at the point closest to
the area of application, providing information as specified in Administrative
Regulations. The property owner or tenant shall maintain the notice for at
least 2 days following application.
d. Penalties.
i.
From January 1, 2015, to June 30, 2015, the City shall issue a
written warning to a property owner or tenant that violates the pesticide
application restrictions and posting requirements of paragraphs (2)(b)
and (c) of this subsection.
ii.
Commencing July 1, 2015, each prohibited application of a
restricted pesticide for lawn care purposes is a violation and shall be a
Class D municipal infraction for an initial offenses and shall be a Class B
municipal infraction for the second offense. The third and any
subsequent offenses shall be repeat Class B offenses.
iii.
Commencing July 1, 2015, failure to post and maintain a written
notice as required by paragraph (2)(c) of this subsection is a violation and
shall be a Class G municipal infraction.
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14.28.060
Exceptions
A.
The City encourages the use of cultural, physical, biological, and mechanical methods of
pest control, instead of restricted pesticide use, but this Chapter does not prohibit the use of
restricted pesticides for the purposes set forth in subsection (C) of this section.
B.
Any person using a restricted pesticide for lawn care purposes pursuant to an exception
set forth below must post a written notice readable and visible from the public right‐of‐way at
the point closest to the area of application that states the address of the pesticide application,
substance applied, and date of application, and the exception under which the pesticide is
being applied. The property owner or tenant shall maintain the notice for at least 2 days
following application.
C.
Restricted pesticides may be applied for the following purposes:
1.
Noxious growths. The control of plants identified in Section 12.08.040, Noxious
Growths, of the Takoma Park Code, including poison ivy (Rhus radicans or Toxicodendron
radicans), poison oak (Rhus toxicodendron or Toxicodendron quercifolium), poison sumac (Rhus
vernix or Toxicodendron vernix), ragweed (Ambrosia artemisiifolia), bamboo, kudzu-vine
(Pueraria lobata), non-native honeysuckle, wisteria, and multi flora rose (Rosa multifiora).
2.
Noxious weeds. The control of noxious weeds as defined in section 9-401 of the
Agriculture Article of the Maryland Code, including thistles belonging to the asteraceae or
compositae family, such as Canada, musk, nodding, plumeless, and bull thistle, johnsongrass
(sorghum halepense) or hybrids that contain johnsongrass as a parent, and shatter cane and
wild cane (sorghum bicolor).
3.
Invasive species. The control of invasive species that may be detrimental to the
environment, in accordance with a license issued by the City of Takoma Park or Montgomery
County.
4.
Mandatory applications. Use of pesticides mandated by state or federal law.
5.
Health and safety. The control of insects that are venomous or disease carrying.
14.28.070
Waiver
A.
Persons that have exhausted all reasonable alternatives to the use of restricted
pesticides for lawn care may request a waiver from the City Manager allowing the use of one or
more of the restricted pesticides under this Chapter. In deciding waiver requests, the City
Manager shall balance the need for the use of restricted pesticides against the risks of such use.
B.
Posting requirements. Persons granted a waiver must post a written notice readable
and visible from the public right‐of‐way at the point closest to the area of application, providing
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information specified in Administration Regulations. The property owner or tenant shall
maintain the notice for at least 2 days following application.
14.28.080.
Administration.
A.
The City Manager shall promulgate regulations for the implementation and
enforcement of this Chapter. The regulations shall include the following:
1.
Procedures and criteria for notices; and
2.
Procedures and criteria for waiver applications.
B.
The City Manager may recommend to the Council one or more methods of assessing the
effectiveness of this Chapter, which may include the development of metrics on volume and
types of use of pesticides in the City or testing of local waters for pesticide contamination.
Section 2.
This ordinance shall become effective on August 12, 2013.
Adopted by the Council of the City of Takoma Park this 22nd day of July, 2013 by roll-call vote
as follows:
AYE:
NAY:
ABSTAIN:
ABSENT:
Williams, Grimes, Male, Daniels-Cohen, Seamens, Smith, Schultz
None
None
None
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